A former police officer from northern Virginia is facing trial on Tuesday for the fatal shooting of an unarmed man suspected of shoplifting a pair of sunglasses. Wesley Shifflett is accused of involuntary manslaughter and reckless discharge of a weapon in the death of 37-year-old Timothy McCree Johnson near a busy shopping mall on Feb. 22, 2023. Shifflett pleaded not guilty to the charges.
Shifflett, along with another officer, pursued Johnson on foot following a report from security guards that he had stolen sunglasses from a Nordstrom department store in Tysons Corner Center. Police body camera footage captures the nighttime pursuit and shooting, during which Shifflett is heard instructing Johnson to stay on the ground and later to “stop reaching.” Both officers opened fire, with Shifflett firing the fatal shot.
After the incident, Shifflett claimed he saw the suspect reaching for a weapon in his waistband, but no weapon was found during a search by the police. The Fairfax County Police Department terminated Shifflett’s employment the next month, citing a failure to comply with the agency’s use of force policies.
Initially, a grand jury chose not to indict Shifflett in the shooting. However, Fairfax County Commonwealth’s Attorney Steve Descano sought court approval for a special grand jury to reinvestigate the case, which led to Shifflett’s indictment. Descano stated that involuntary manslaughter charges are suitable when a killing results from “gross or wanton conduct” lacking malice.
During recent court hearings, there were disputes among attorneys regarding the admissible evidence for the trial. The lead prosecutor, Barry Zweig, requested to present evidence of Shifflett aiming his weapon at other shoplifters in separate incidents, but the motion was denied by Circuit Court Judge Randy Bellows.
On the other hand, Shifflett’s defense team was granted permission to introduce evidence about Johnson’s criminal history, including a previous incident in which he attempted to steal a vehicle from an off-duty agent with the Bureau of Alcohol, Tobacco, Firearms, and Explosives in Maryland. Johnson had also pleaded guilty to involuntary manslaughter in relation to a fatal car crash in Washington in 2019 while driving under the influence. However, Bellows ruled that this incident would not be allowed as evidence in the trial.
